Subsection 140GBA(2) - Migration Act 1958
The purpose of the instrument is to give domestic effect to Australia’s obligations under international trade agreements, to which it is a party, for the purposes of labour market testing.
The instrument differs from the previous instrument IMMI 17/109 as it includes the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP-11).
The TPP-11 includes obligations of Australia under international law that relate to international trade concerning labour market testing for relevant persons where that persons’ country is firstly, a party to the agreement and who secondly, have ratified the TPP-11 into their domestic legislation.
Once ratification has occurred in a signatory country, Australia’s obligation under the TPP-11 to that country arises. The requirement for labour market testing under section 140GBA would then be inconsistent with Australia's obligations under TPP-11.